S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7521

                            I N  S E N A T E

                               May 6, 2016
                               ___________

Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT in relation to authorizing David Poplawski, a former employee  of
  the  State  University of New York NY Network, to retain membership in
  the optional retirement program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Notwithstanding any other provision of law, David Poplawski
was a member of the optional retirement program during his employment at
the  State  University  of  New York NY Network for the period beginning
March 15, 1984 and ending June 7, 2013 and who is now in the  employ  of
the  state  of  New York department of taxation and finance and became a
member of the New York state  and  local  employees'  retirement  system
beginning  January  3,  2014, may elect to be reinstated to the optional
retirement program and terminate his membership in the  New  York  state
and local employees' retirement system.
  David  Poplawski's  reinstatement  to  the optional retirement program
from the New York state and local employees' retirement system  must  be
notarized  and  submitted  in  writing to the department of taxation and
finance within ninety days after the enactment of this special act, such
reinstatement shall be irrevocable and will  terminate  Mr.  Poplawski's
membership in the New York state and local employees' retirement system.
The  department  of taxation and finance shall provide written notice of
this election to the New York  state  and  local  employees'  retirement
system no less than thirty days after the notice is received.
  The  state  of New York shall make the required employer contributions
for David Poplawski's reinstatement in the optional  retirement  program
pursuant  to this special act and the state university of New York shall
administer  Mr.  Poplawski's  membership  in  the  optional   retirement
program.    The  New  York  state and local employees' retirement system
shall be authorized to reimburse the state of New York for any  employer
contribution made on behalf of Mr. Poplawski should he elect to be rein-
stated into the optional retirement plan.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10468-05-6
              

S. 7521                             2

  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.
  FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
  This  bill  will  allow  David  Poplawski, a former employee of the NY
Network of the state university of New York who is currently an employee
of the Office of the New York state department of  tax  and  finance  to
elect  to  terminate  his  current  membership in the New York State and
Local Employees Retirement System (ERS) and be reinstated as a member in
the Optional Retirement Program (ORP). The ERS shall  be  authorized  to
reimburse  the  State  of New York for any employer contribution made on
his behalf, should he elect to be reinstated into the ORP.
  If this bill is enacted, there would not be a cost to the ERS.
  Summary of relevant resources:
  The membership data used in  measuring  the  impact  of  the  proposed
change  was  the same as that used in the March 31, 2015 actuarial valu-
ation. Distributions and other statistics  can  be  found  in  the  2015
Report  of  the  Actuary  and  the  2015  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in  the  2015
Annual Report to the Comptroller on Actuarial Assumptions, and the Codes
Rules and Regulations of the State of New York: Audit and Control.
  The Market Assets and GASB Disclosures are found in the March 31, 2015
New  York  State  and  Local  Retirement System Financial Statements and
Supplementary Information.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
  This estimate, dated February 11, 2016,  and  intended  for  use  only
during  the  2016  Legislative  Session,  is  Fiscal  Note  No. 2016-28,
prepared by the Actuary for the New  York  State  and  Local  Retirement
System.